Legal Opinion
First Southern National Bank v. Sunnyslope Housing Ltd. Partnership
Court of Appeals for the Ninth Circuit
Decided May 26, 2017No. 12-17241, 12-17327, 13-16164, 13-16180PublishedCited by 19 opinions
1Opinion of the Court
Dissent by Judge Kozinski
OPINION
HURWITZ, Circuit Judge:
When a debtor, over a secured creditor’s objection, seeks to retain and use the creditor’s collateral in a Chapter 11 plan of reorganization through a “cram down,” the Bankruptcy Code treats the creditor’s claim as secured “to the extent of the value of such creditor’s interest.” 11 U.S.C § 506(a)(1). That value is to “be determined in light of the purpose of the valuation and of the proposed disposition or use of such property.” Id.
In Associates Commercial Corp. v. Rash, the Supreme Court adopted a “replacement-value standard” for §…
2Cases cited13 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Bullard v. Blue Hills BankSupreme Court of the United States · 2015
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tiffany D. Smith v.Court of Appeals for the Third Circuit · 2024
- CRESTWOOD HOSPITALITY LLCUnited States Bankruptcy Court, D. Arizona · 2025
- Canyon Bridge Fund I, LP v. Wave Computing, Inc.District Court, N.D. California · 2022
- Christopher Hamilton v. Elite of Los Angeles, Inc.Court of Appeals for the Ninth Circuit · 2020
- Claar Cellars LLCUnited States Bankruptcy Court, E.D. Washington · 2021
14 more not listed; retrieve them via the Exa API.